Friday

8th Dec 2023

Irish court orders probe into Facebook privacy case

Ireland's high court on Tuesday (20 October) ordered a privacy abuse probe into Facebook.

The court decision means that Ireland's privacy watchdog will have to launch an investigation on whether to suspend the transfer of European Facebook users' data to the United States.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

  • Facebook has its main data servers in the United States (Photo: Tom Raftery)

"The commissioner is obliged now to investigate the complaint … and I've absolutely no doubt that she will proceed to do so", said Ireland's high court judge, Gerard Hogan.

Facebook has its international headquarters in Dublin.

Ireland's data protection commissioner had initially opposed the probe because the social media giant is covered by a so-called Safe Harbour agreement between the US and the EU.

Safe Harbour is an executive decision by the European Commission, which determined in 2000 that the US provides an adequate level of protection of EU nationals' data.

Several thousand other US-based companies, including Google and Apple, are also listed in the self-certification scheme.

But the European Court of Justice earlier this month declared the agreement invalid following a legal battle by Austrian privacy campaigner Max Schrems.

Schrems had argued that Facebook could not protect his data because the US National Security Agency (NSA) uses covert software to hoover it up, according to revelations from whistleblower Edward Snowden.

Schrems also remains sceptical that Ireland's data protection commissioner, Helen Dixon, will pursue the investigation with any zeal.

"Given my experience, I doubt that what is today mainly a 'tech business protection authority' will wake up tomorrow and turn into real 'data protection authority' - but I guess we'll see soon", he said.

But Dixon, in a statement on Tuesday, said she would comply with judge Hogan's ruling.

"My office will now proceed to investigate the substance of the complaint with all due diligence", she said.

The move signals the start of the first investigation by a European data authority into how the NSA accessed personal data of EU nationals held by a US company.

The European Commission had also highlighted access concerns.

In a 2013 review on Safe Harbour, the Commission said that US authorities may have accessed transferred personal data and processed it in ways that was "beyond what was strictly necessary and proportionate to the protection of national security".

Facebook, for its part, denies giving the US spy agency any back-door access to its data servers.

"Facebook is not and has never been part of any program to give the US government direct access to our servers", said a spokesperson.

The company said it would "respond to enquiries from the Irish Data Protection Commission as they examine the protections for the transfer of personal data under applicable law".

Facebook can still transfer data from Europe to the United States despite an invalidated Safe Harbour.

The company, along with others under the agreement, is using other legal structures to transfer the information.

But some legal experts say the alternative transfer methods, including so-called model contract clauses, will not offer much protection either.

Facebook censors Norway's PM

The US company is accused of censorship after it deleted an iconic Vietnam War photo and removed criticism it received over the decision. Norway's prime minister was not spared.

Latest News

  1. How Moldova is trying to control tuberculosis
  2. Many problems to solve in Dubai — honesty about them is good
  3. Sudanese fleeing violence find no haven in Egypt or EU
  4. How should EU reform the humanitarian aid system?
  5. EU suggests visa-bans on Israeli settlers, following US example
  6. EU ministers prepare for all-night fiscal debate
  7. Spain's Nadia Calviño backed to be EIB's first female chief
  8. Is there hope for the EU and eurozone?

Stakeholders' Highlights

  1. Nordic Council of MinistersArtist Jessie Kleemann at Nordic pavilion during UN climate summit COP28
  2. Nordic Council of MinistersCOP28: Gathering Nordic and global experts to put food and health on the agenda
  3. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  4. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?
  5. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  6. UNOPSFostering health system resilience in fragile and conflict-affected countries

Stakeholders' Highlights

  1. European Citizen's InitiativeThe European Commission launches the ‘ImagineEU’ competition for secondary school students in the EU.
  2. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  3. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  4. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  5. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch
  6. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations

Join EUobserver

Support quality EU news

Join us